Patna High Court
Shambhu RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted anticipatory bail to the petitioners subject to conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Summary
Shambhu Rai and Krishnandan Rai sought anticipatory bail fearing arrest in a murder case (Turki PS Case No.179 of 2024) filed under Sections 103(1), 238 and 61(2) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged they participated in the killing of an informant’s brother, while the petitioners contended they were falsely implicated, asserting that the deceased had committed suicide by hanging, with no suicide note or evidence of their involvement. They highlighted the lack of any specific overt act against them and their clean criminal record. The State opposed the bail. The Court, after considering the material, granted anticipatory bail subject to surrender within six weeks, a bail bond of Rs.15,000 with two sureties, and compliance with Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioners in the absence of specific incriminating material.
- Whether the allegations of false implication and lack of overt act justify bail under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita.
- Whether the petitioners' claim of suicide of the deceased negates the prosecution's murder charge.
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 238, 61(2)
Subjects
- anticipatory bail
- false implication
- murder
- suicide
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarika Suraksha Sanhita
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63322 of 2025
Arising Out of PS. Case No.-179 Year-2024 Thana- TURKI KHARARU District-
Muzaffarpur
======================================================
1. Shambhu Rai S/o Late Ramvriksh Rai R/o Village- Chhajan, Nath Nagar,
PS- Turki, District- Muzaffarpur
2. Krishnandan Rai S/o Late Ramvriksh Rai R/o Village- Chhajan, Nath Nagar,
PS- Turki, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Santosh Kumar, Advocate
For the Opposite Party/s : Mr.Anil Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 09-02-2026 Heard learned counsel for the petitioners and learned
APP for the State. Perused the case diary.
2. The petitioners apprehend their arrest in connection
with Turki P.S. Case No. 179 of 2024 instituted for the offences
under Sections 103(1), 238, 61(2) of the Bharatiya Nyaya
Sanhita, 2023.
3. Prosecution case, in short, is that accused persons
including the petitioners have committed the murder of the
informant’s brother.
4. Learned counsel for the petitioners submitted that
the petitioner has falsely been implicated in the present case.
Learned counsel for the petitioner submitted that general and
Patna High Court CR. MISC. No.63322 of 2025(3) dt.09-02-2026
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omnibus allegation has been made against the petitioners. No
specific overt act is alleged against the petitioners. Learned
counsel further submitted that except suspicion, there is no
material against the petitioners. He further submitted that police,
after investigation submitted charge-sheet under Sections 108,
238, 61(2) of the BNS. Learned counsel further submitted that,
as a matter of fact, the deceased himself committed suicide. It is
further submitted that petitioners never instigated the deceased
to commit suicide nor there is any suicide note to substantiate
the claim. It is further submitted that as per post-mortem report,
deceased died due to asphyxia as a result of hanging. It has been
submitted on behalf of the petitioner that the petitioners have no
criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, let the petitioners above named, in the event of
arrest/surrender before the learned Court below within a period
of six weeks from today, be released on anticipatory bail on
furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand)
each with two sureties of the like amount each to the satisfaction
of Court below/concerned Court in connection with Turki P.S.
Patna High Court CR. MISC. No.63322 of 2025(3) dt.09-02-2026
3/3
Case No. 179 of 2024, subject to the conditions as laid down
under Section 482(2) of the Bharatiya Nagarika Suraksha
Sanhita, 2023.
(Rudra Prakash Mishra, J)
manish/-
U T
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